The defendant is
charged [in count __] with obscenity as to minors. The
statute defining this offense reads in pertinent part as
follows:

a person is
guilty of obscenity as to minors when (he/she) knowingly
promotes to a minor, for monetary consideration, any material
or performance which is obscene as to minors.

For you to find the
defendant guilty of this charge, the state must prove the
following elements beyond a reasonable doubt:

Element 1 -
Materials that are obscene to minorThe first element
is that the (material / performance) is obscene as to minors.
Material or performance is "obscene
as to minors" if it depicts a prohibited sexual act and,
taken as a whole, is harmful to minors. "Minor"
means any person less than seventeen years old. "Harmful
to minors" means any description or representation, in
whatever form, of a prohibited sexual act, when that
description or representation (A) predominantly appeals to the
prurient, shameful or morbid interest of minors, (B) is
patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable material
for minors, and (C) taken as a whole it lacks serious
literary, artistic, educational, political or scientific value
for minors. "Prurient" refers to lustful, lascivious or lewd
propensities in persons.

"Prohibited
sexual act" means erotic fondling, nude performance,
sexual excitement, sado-masochistic abuse, masturbation or
sexual intercourse. "Erotic
fondling" means touching a person's clothed or unclothed
genitals, pubic area, buttocks, or, if such person is a
female, breast. "Nude
performance" means the showing of the human male or female
genitals, pubic area or buttocks with less than a fully opaque
covering or the showing of the female breast with less than a
fully opaque covering of any portion thereof below the top of
the nipple, or the depiction of covered male genitals in a
discernibly turgid state in any play, motion picture, dance or
other exhibition performed before an audience. "Sexual
excitement" means the condition of human male or female
genitals when in a state of sexual stimulation or arousal. "Sado-masochistic
abuse" means flagellation or torture by or upon a person
clad in undergarments, a mask or bizarre costume, or the
condition of being fettered, bound, or otherwise physically
restrained on the part of one so clothed. "Masturbation"
means real or simulated touching, rubbing or otherwise
stimulating a person's own clothed or unclothed genitals,
pubic area, buttocks, or, if the person is female, breast,
either by manual manipulation or with an artificial
instrument. "Sexual
intercourse" means intercourse, real or simulated, whether
genital-genital, oral-genital, anal-genital or oral-anal,
whether between persons of the same or opposite sex or between
a human and an animal, or with an artificial genital.

Not all material
that at first glance has some of these qualities is forbidden
under the law. Materials that merely appeal to a minor's
curiosity as to sex or the anatomical differences between
sexes does not fall within the proscription of the statute.
Also, genuine works of art, literature and educational texts
that have redeeming social value and are not presented in such
a manner as to appeal to the prurient interest in people for
commercial gain are likewise not prohibited under the
statute. You must also bear in mind the era in which we are
now living. Material that might have been considered vulgar
twenty years ago is no longer so regarded. Furthermore, you
should be aware that different parts of the country have
varying standards and attitudes toward what is called
obscenity.

Element 2 -
Knowingly promotedThe second element
is that the defendant promoted such material or performance
with knowledge of its character and contents. "Knowingly" in
this context1 means
having general knowledge of or reason to know or a belief or
ground for belief that warrants further inspection or inquiry
as to the character and content of any material or performance
that is reasonably susceptible of examination by such person.
"Promote" means to (manufacture / issue / sell / give /
provide / lend / mail / deliver / transfer / transmit /
publish / distribute / circulate / disseminate / present /
exhibit / advertise / produce / direct / participate in) the
material or performance.

Element 3 -
To a minorThe third element
is that the person to whom the obscene (material /
performance) was promoted was a minor. A minor is a
person less than 17 years of age. This means that the
person has not reached (his/her) 17th birthday. The
defendant must have known or had reason to know that the
person was a minor.

Conclusion

In summary, the
state must prove beyond a reasonable doubt that 1) the
(material / performance) was obscene as to minors, 2) the
defendant promoted the (materials / performance) to another
person, knowing of its character and contents, and 3) knew
that the other person was a minor.

If you unanimously
find that the state has proved beyond a reasonable doubt each
of the elements of the crime of obscenity as to minors, then
you shall find the defendant guilty. On the other hand, if
you unanimously find that the state has failed to prove beyond
a reasonable doubt any of the elements, you shall then find
the defendant not guilty.
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1 General
Statutes § 53a-196 provides this definition of "knowingly,"
for the purposes of this offense.